St Helena is not a member of any international treaty on trade marks.

Provision is made for the registration of product marks only. Only the owner of a UK registered trade mark may apply for registration in St Helena, based on a UK trade mark registration.

Types of trademarks:
Service marks are registrable. Multi class applications are acceptable. No provision for defensive marks.

Documents required for trademark registration

• A simply signed Power of Attorney in French;
• Prints of the mark
• Specification of goods in French translation
• Details of home registration (if any);
• Full details of the applicant
• Certified copy of Priority document to be submitted within six months from date of application(if applicable)

Renewals

• Valid for an initial period of 10 years counting from the date of filing
• Renewable every 10 years
• Grace period of 6 months allowed for late renewal upon payment of a fine.

Documents Required for Assignment Applications

• Simply signed power of attorney by the assignee
• A duly legalized deed of assignment signed by the assignor and the assignee

Change of Address/Name Applications

• A simply signed power of attorney
• A legalized certificate of change of name or address

License Applications

• A simply signed power of attorney by the licensee
• A legalized license agreement executed by both parties

St Helena is not a member of any international treaty on patents.

Patent protection in St Helena is obtainable only by confirmation of a United Kingdom patent. Although this is not expressly referred to in the Ordinance, a granted European patent in which the UK was designated and which was validated in the UK would theoretically also qualify as a UK patent.

Filing Requirements

NON-PCT Applications

• Simply signed power of attorney, along with an Arabic translation
• Specifications, claims and abstract in French and Arabic
• Formal drawings
• Priority document with verified French Translation
• Assignment of Priority rights

National Phase PCT Application

• Simply signed power of attorney, along with an Arabic translation
• Arabic translation of the International Search Report
• International Examination Report

St Helena is not a member of any international treaty on designs.

A United Kingdom design registration extends automatically to St Helena. There is no provision for registration in St Helena.

Filing Requirements

• Power of Attorney (simply signed) (can be late filed within two months).
• Drawings or photographs of the design or two specimens of the design (required on the day of filing).
• Certified copy of priority document with verified French translation, if priority claimed (can be late filed within two months from filing).
• Assignment (can be late filed within two months).

Duration and Renewal
The total duration of a design registration is ten years from the filing date of the application. The initial term of the design registration is one year which is extendible upon payment of renewal fees for a further nine-year term. The term of the registration starts from the date of application for registration. The nine-year extension has to be requested either on filing or within the first year. A six-month grace period is provided.

St Helena is not a member of the Berne Convention.

The Copyright Order of 1963 provides that certain provisions of the UK Copyright Act, 1956 shall extend to St Helena. The provisions so extended include most substantive protection provisions.

The Order further provides that the UK Orders on international conventions shall extend to St Helena, subject to certain modifications.

The effect of these provisions appears to be that the protection of copyright works as provided in the UK, is extended to copyright works in St Helena, and furthermore, that the reciprocal recognition of copyright in terms of the Berne Convention also applies in St Helena.